Hutton v. Corrigan , 2012 Ohio 2071 ( 2012 )

[Cite as Hutton v. Corrigan, 2012-Ohio-2071.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 97907
PERCY HUTTON
RELATOR
vs.
JUDGE PETER J. CORRIGAN
RESPONDENT
JUDGMENT:
WRIT DENIED
Writ of Mandamus /Procedendo
Motion No. 452843
Order No. 454717
RELEASE DATE: May 9, 2012
RELATOR
Percy Hutton, Pro Se
Ohio State Penitentiary #195-620
878 Coitsville-Hubbard Road
Youngstown, Ohio 44505
ATTORNEY FOR RESPONDENT
William D. Mason, Esq.
Cuyahoga County Prosecutor
By: James E. Moss, Esq.
Assistant County Prosecutor
9th Floor, Justice Center
1200 Ontario Street
Cleveland, Ohio 44113
JAMES J. SWEENEY, P.J.:
Percy Hutton has filed a complaint for a writ of mandamus/procedendo. Hutton
seeks an order from this court, which requires Judge Peter J. Corrigan re-issue sentencing
journal entries in the following three separate criminal actions: State v. Hutton, Cuyahoga
Cty. Court of Common Pleas Case Nos. CR-72-5117, CR-77-33239, and CR-85-203416.
In addition, Hutton seeks and order from this court which prevents the Cuyahoga Cty.
Clerk of Courts, the Ohio State Penitentiary Cashier’s Office , or any other governmental
institution, from collecting any monetary funds for the payment of costs. For the
following reasons, we grant summary judgment on behalf of Judge Peter J. Corrigan.
Initially, we find that Hutton’s complaint is procedurally defective. A complaint
for an original action must be brought in the name of the state of Ohio, on relation of the
person applying for the writ. Herein, Hutton has failed to properly caption his complaint.
The failure of Hutton to properly caption his complaint warrants dismissal. Rust v.
Lucas Cty. Bd. of Elections, 108 Ohio St.3d 139, 2005-Ohio-5795, 841 N.E.2d 766;
Maloney v. Court of Common Pleas of Allen Cty, 173 Ohio St. 181 N.E.2d 270, (1962).
Hutton has also failed to comply with Loc.App.R. 45(B)(1)(a), which mandates
that the complaint must be supported by an affidavit that specifies the details of his claim.
The failure of Hutton to comply with the supporting affidavit requirement of Loc.App.R.
45(B)(1)(a) requires dismissal of his complaint. State ex rel. Leon v Cuyahoga Cty.
Court of Common Pleas, 123 Ohio St.3d 124, 2009-Ohio-4688, 414 N.E.2d 402; State ex
rel. Austin v. McFaul, 8th Dist. No. 89962, 2007 WL 2327109 (Aug. 15, 2007). In
addition, Hutton has failed to comply with R.C. 2969.25(A), which requires the
attachment of an affidavit to the complaint for a writ of mandamus/procedendo that
describes each civil action or appeal filed within the previous five years in any state or
federal court. State ex rel. Zanders v. Ohio Parole Bd., 82 Ohio St.3d 421,
1998-Ohio-218, 696 N.E.2d 594; State ex rel. Alford v. Winters, 80 Ohio St.3d 285,
1997-Ohio-117, 685 N.E.2d 1242.
Hutton, has failed to establish that he is entitled to a writ of mandamus/procedendo
with regard to either of his two claims. The sentencing journal entries, as imposed in
Cuyahoga County Court of Common Pleas Case Nos. CR-72-5117, CR-77-33239, and
CR-85-203416, fully comply with the holding of State v. Baker, 119 Ohio St.3d 197,
2008-Ohio-3330, 893 N.E.2d 163. Accord State ex rel. Jones v. Ansted, 131 Ohio St.3d
125, 2012-Ohio-109, 961 N.E.2d 192; State ex rel. Galloway v. Lucas Cty. Court of
Common Pleas, 130 Ohio St.3d 206, 2011-Ohio-5259, 957 N.E.2d 11; State ex rel. Barr
v. Sutula, 126 Ohio St.3d 193, 2010-Ohio-3213, 931 N.E.2d 1078. The sentencing
journal entries fully comply with Crim.R. 32(C) because each entry sets forth (1) the
guilty plea, the jury verdict or the finding of the court upon which the conviction was
based; (2) the sentence; (3) the signature of the judge; and (4) entry upon the journal by
the clerk of court. Mandamus/procedendo does not lie under the facts as presented by
Hutton. State ex rel. Jerninghan v. Cuyahoga Cty. Court of Common Pleas, 74 Ohio
St.3d 278, 1996-Ohio-117, 658 N.E.2d 723; State ex rel. Gantt v. Coleman, 6 Ohio St.3d
5, 450 N.E.2d 1163 (1983).
Finally, an original action may not be employed to prevent the collection of any
court costs as imposed by the sentencing trial court. Hutton possesses or possessed an
adequate remedy at law through a direct appeal. State ex rel. Whittengerger v. Clarke, 89
Ohio St.3d 207, 2000-Ohio-136, 729 N.E.2d 756; State ex rel. Recker v. Putnam Cty
Clerk of Courts, 87 Ohio St.3d 235, 1999-Ohio-37, 718 N.E.2d 1290; Hutton v.
McMonagle, 8th Dist. No. 78821, 2001 WL 664139, (June 7, 2001).
Accordingly, we grant Judge Peter J. Corrigan’s motion for summary judgment.
Hutton to pay costs. The court directs the clerk of court to serve
notice of this judgment and its date of entry upon all parties as required by Civ.R. 58(B).
Writ denied.
JAMES J. SWEENEY, PRESIDING JUDGE
SEAN C. GALLAGHER, J., and
KENNETH A. ROCCO, J., CONCUR